Northwest Landowners Association v. State

The plaintiffs facially challenged the constitutionality of N.D.C.C. ch. 38–22 and 38–25, which govern underground storage of carbon dioxide and oil or gas, respectively, and authorize the North Dakota Industrial Commission (NDIC) to amalgamate pore space interests upon application for a storage permit. They also challenged pre-condemnation survey laws, N.D.C.C. SS 24–05–09 and 32–15–06, as unconstitutional. The court held that the Plaintiffs lack standing to challenge N.D.C.C. S 38–22–03(7) because no exceptions have been granted under this provision, and there is no actual or threatened injury. Similarly, the court held that the plaintiffs lack standing to challenge N.D.C.C. ch. 38–25 because no oil or gas storage amalgamation orders have been issued or proposed. The court found that the plaintiffs have standing to challenge N.D.C.C. ch. 38–22 because some members own pore space affected by NDIC orders authorizing carbon dioxide storage projects, but held the plaiffs’ facial challenge to the pre-condemnation survey laws was foreclosed by precedent because there is no protected interested in excluding limited, innocuous intrusion by pre-condemnation surveyors.